Thanks.This is a case followed after police arrest for common assault and vandalism at home but wife got non-molestation and occupation order.Judge extended now for the third time but gave me additional time to submit reply.I dont know what to answer.She also claimed that years ago I attempted to force her to have sex with me while we married, hit her, shouted and demanded money fo gambling.I want to know which one to choose .I want desperately return home.If I choose to sign Undertaking what should I promise and how to draw it?

Thanks,

Intepreter

Customer:replied 4 years ago.

No joint children,married since 2004 and she has son of 22 years old from previous partner and he also provided statement when obtaining non-mol and occupation order

Its a joint tenancy agreement with housing benefit from council housing association.Her aim to get this flat on her name.After hearing in the corridor she said she is thinking to divorce.What are my chances to return home?

HiOkHow do you think matters will go if you return to the property - given that she clearly wants the relationship to end?Are there two bedrooms?Will you be able to share the house without difficulty - these are all points the court will wish to considerClaire

HiThe problem that you face is that whilst you can give your Undertaking (basically a solemn promise not to do anything) to the Court the fact that you wish to return to the matrimonial home (entirely understandable) means that there is every chance of further court action in the future and the Court is going to have considerable concern about the safety of both you and your wife.From what you have said the event that triggered the Order is simply not sufficient to justify an Order excluding you from your home - and I hope and suspect that the Judge agreesI would hope that the Court will accept your Undertaking not to molest or assault your wife - but you also need to be aware that your wife can - and no doubt will - issue a Divorce Petition based one your Unreasonable Behaviour and that eventually a decision will have to be made as to how you will both be housedI am afraid that whilst you can take a friend into court with you as a Mackenzie Friend they will not be able to speak on your behalfI hope that this clarifies your position for youClaire

I know the reason she does.Last year we bought apartment on her sister's name abroad who lives there..Upon return to the UK she became very cold, after she gained British citizen 5 months ago she became totally dissmissive and refused to travel with me and went alone to see apartment .I dont have any clue and dont understand what she is trying to do.She would held our joint account which was under her control and where i deposited every salary

Now she wants to keepe away and carefully planned this long time ago inn order to show me as abusive and gey away from me or ease her divorce.

HiWhere is important in trying to assess the likely approach of a court in determining the distribution of the assets and who should remain in the home within the financial side of divorce proceedings.How was the purchase funded?Claire

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